the reason why the new Palm handset can't be called the envy is because of a simple trademark issue.

When I read this, I was happy that someone else here understands.

but if hp made a PHONE named "envy", the connotation and homophonality of the envy to the env will allow lg to engage in a lawsuit with hp because they're in the same market with the same name. hopefully, though, since hp is larger, they'll win. lg is large, but just not large enough.

And then I read this, and despaired, because maybe I am still alone in having a basic grasp of trademark law.

Size has little to do with it, especially since LG is a company with a market capitalization of 14.1 trillion South Korean won, or $12.1 billion. They can afford attorneys that are just as good as anything HP comes up with.

the same thing happened with linksys' iphone. it sued apple once they made their "iphone". apple knew what it was doing. and it won the lawsuit.

No, it didn't. The case was settled out of court. Cisco and Apple agreed to both be allowed to use the iPhone name. That's completely different from a win.

Of course it could happen, butthe point is that HP can't win in court. Apple and Cisco essentially have a licensing agreement that both companies find beneficial. Cisco earns money on the iPhone without having done any research, design, production, or marketing. Apple gets to name its phone in a way that makes sense with existing branding strategy.

But why would HP want to pay money for a name that has nothing to do with existing strategy? This idea makes no sense. The phone will not be named Envy.

Actually if HP trademarked Envy before LG did with env, HP would almost definitely win. If LG trademarked first, it would be a long court battle if they each wanted to do it.

But in reality, why would HP call it envy anyway.

All this would come down to how a court would decide, but I'd bet that LG would own the trademark in phones and HP in computers. There's enough difference there that a reasonable person wouldn't be confused between then (the entire point of trademarks). So, if LG released a computer named Envy, they'd lose, and if HP released a phone named Envy, then they'd lose.

First off LG has the word EnV trademarked, and not Envy. It would never go to court, because LG would lose. They can't copyright an actual word. I'm not even exactly sure if HP would want to use the envy name since it's associated with either the LG phone or their laptops.. If they wanted to use something good. It'd be The Palm Pre HD.

They didn't copyright it. They trademarked it. They're two COMPLETELY different things. No, you can't copyright a word in common use. You can trademark a word in common use.

Second, trademark law covers similarity to existing trademarks. "Envy" and "enV" are pronounced the same, and use of the two by different companies with similar products is likely cause confusion among consumers and dilution of the original trademark within cell phone markets. You can't create your own cola and call it "Coak" because it would violate one of Coca-Cola's trademarks. You can't create an automobile and call it "Shevie" because it would violate one of GM's trademarks for its Chevrolet line.

If you tried and were really lucky, the court would only hand down a summary judgment annulling your trademark and issuing a permanent injunction from you attempting to use it ever again. If you were unlucky, it would hand down an injunction on the use before it handed your head to you on a platter, and then you'd have to pay the original holder's attorney's fees.

Originally Posted by Beanis

why name two different products Windows 7?

Microsoft owns both products. Aside from the similarity and the fact that the only difference between versions of Windows 7 is what is unlocked by the key, Microsoft has the right to use it however they want. They could call every product they have Windows 7. No one could sue them for it on the basis of trademark infringement or dilution. It wouldn't be a good idea, but it would be perfectly legal.

If Palm chokes, my current phone choice would be the Samsung Epic. But it would still be my choice if it were called enV, ENVY, iPhone, Treo, Galaxy, or even ***-wipe. I am tired of reading posts arguing over what HP can/should name a new phone. Most of the posts that discuss trademark law are simply wrong. But who cares? Discuss something of interest ... specs, timing, reliability of info/soures, etc.